Harmless gossip or harmful harassment?

Can gossip be grounds for harassment and discrimination? According to one Employment Appeal Tribunal, the answer is yes.

In the case of Nixon v Ross Coates Solicitors, Ms Nixon brought a claim for constructive dismissal, sex and pregnancy discrimination and harassment after gossip arose in the office about her pregnancy. This was triggered by events at a Christmas party at which Ms Nixon was seen kissing another employee and then going to a hotel room with him. Some weeks later, she discovered she was pregnant and informed the managing partner of this.

Within an hour of this conversation, the HR manager knew of the pregnancy and began speculating with other employees about who the child’s father might be. Ms Nixon raised a formal grievance about this and asked to work at a different office to the HR manager. Her request was declined and the firm refused to pay her for any time she remained away from work as a result of the dispute.

The tribunal initially found that she had been constructively dismissed but rejected her claim of discrimination and harassment. It also reduced her award of compensation by 90% to reflect what they regarded as her culpable conduct both pre and post dismissal.

At the appeal however, it was found that the gossip did amount to sex discrimination as it was pregnancy related. It agreed that it was unwanted conduct and therefore met the definition of sexual harassment. To rub salt in the employer’s wounds, the EAT also revoked the compensation reduction.

This case, decided several years ago, is still good law and a timely reminder, as Christmas approaches, that it is relatively easy for pregnant employees to invoke the protection of discrimination law. The harassment (in this case, gossip which she found distressing) was only related to the pregnancy in Mrs Nixon’s claim.

For more information contact Liz Spooner directly on 0113 320 5000 or email@email